UFCW’s Legal Rights to Picket and Handbill at Storefronts

Striking Workers Rights Card

If management approaches you, you can read this card verbatim and direct them to contact the Union with any questions.

Request Assistance

If you have a medical emergency on the picket line, please call 911. If you need to contact UFCW 8 you can call our main office at (916) 786-0588 or toll free at (888) 834-4488 or fill out the form linked below.

RIGHTS OF PICKETERS

These activities by employees on strike are PROTECTED by California and Federal Law:

1. Peaceful picketing alone or in groups on the sidewalks in front of a store or in the parking lots.
2. Picketers may stand near entrances of the store and the driveways of the parking lots.
3. Handbills may be distributed by strikers to people entering the store.
4. Picketers may speak to customers entering and exiting the store about the reasons for the strike.

Striking employees have a right to be on the Employer’s premises and cannot be arrested for trespassing so long as picketing and other activities are peaceful. California Penal Code, Section 552.1, this right to participate in peaceful activities is protected in California by California Code of Civil Procedure, Section 527.3; and by two California Supreme Court Cases, Scwartz Torrance Investment Corporation v. Bakery and Confectionary Workers Union, Local 31, No. 31, 61 CAL. 2D 766, 394 P.2d 921, 40 CAL. Rptr. 233 (1964) and in re lane, 71 CAL. 2D 872, 457 P.2D 561, 79 CAL. RPTR 729 (1969)

Strikers are NOT PERMITTED to engage in the following acts;

1. The entrance to the stores may not be blocked.
2. The driveways of the parking lots may not be blocked, and cars cannot be stopped when they enter the lot.
3. No abusive language may be directed at customers or management. Customers, managers, and non-striking employees cannot be harassed.
4. No property should be damaged.
5. No activities such as loud yelling and/or other noise which might be a breach of the peace.
6. No consuming alcoholic beverages or using drugs in the parking lot or cars.
7. No being under the influence of alcohol or drugs.

Member Video Uploads

Do you have a message of support you want to share with your Union? That’s great! Please use the form below, or if you are still recording and searching for what to say, here are a few suggestions:

• “I’m standing with the Union! Solidarity Works!”
• “Which side are YOU on? I’m standing with my coworkers and the Union!”
• “When we stick together, we WIN TOGETHER! Solidarity Works!”
• Together we rise — Union Strong and Union Proud!”
• When workers unite, we all move forward!”
• “Our Union is fighting for us! Solidarity Works!”
• We are united for fairness. United for dignity. United in the Union!”
• “The Union is our voice, and we’re speaking up and standing together!”

Please note: If submitting a video, please keep it short, generally less than 30 seconds, and the message should be professional, for example, something you could say to a customer to encourage their support.

• How will I pay my bills? What is the strike benefit? What resources are available? The Union Executive Board determines what strike benefit is for members participating in a strike. The UFCW 8-Golden State strike benefit is paid in conjunction with the UFCW International strike benefit, and they do not overlap.

If the company forces a strike, members pulled from stores who honor picket lines during the first 3 days, will receive the following daily strike benefit:

–$300 for Picket Captains
–$200 for MPCs’, Food Clerks, Meat Cutters, Pharmacy Techs and above
–$150 for Fuel, .Com, Non-Food / GM Clerks, Shoppers
–$125 for Courtesy Clerks

Additional details will be distributed at the conclusion of 3 days. All strike benefits shall be reviewed for approval by UFCW 8-Golden State Executive Board.

• The company is telling me I can “opt out” of the Union so I’m not fined if I cross the picket line, is this true? We have heard about management asking members to “opt out” of the Union. They are doing this to test members’ strength and unity and weaken us at the bargaining table. Here’s what the company and managers are NOT telling members about becoming a “non-member.” Historically, UFCW 8 does not fine members for crossing a picket line; this is a decades-old company intimidation tactic.

• • Non-members are still required to pay dues, just at a slightly reduced dues rate
  • They can’t vote on the contract or attend contract meetings
  • They have to repay the full initiation fee when they return to full membership
  • Other companies have done the same during difficult negotiations, and members who fell for the company’s propaganda regretted listening to their managers’ bad advice.

• What is an Unfair Labor Practice (ULP) strike? A ULP strike is a strike to protest illegal company activity designed to deny your rights and weaken your ability to achieve a fair contract. During a ULP strike, you have additional rights and protections. ULP strikes can be of limited duration, for example, just days or weeks. Individual or multiple locations can be selected and rotated between areas as needed.

•  Can workers be disciplined for going out on a ULP strike? It is illegal to fire or discipline workers for going out on strike and when workers strike to protest unfair labor practices, they have additional protections and cannot be replaced at the end of the  strike.

• Can I collect unemployment on strike? Unfortunately, unemployment benefits are not available while on strike, which is why we have monetary strike benefits and resources available for assistance.

• Could I be fired for joining the strike? You cannot be disciplined for lawful picketing. Picket Captains ensure everyone knows the rules. Keep in mind, we would be asking customers to support us by shopping somewhere else for the duration of the strike, so we want to be vocal on the picket lines but we also want customers to return when a strike is over.

• How long could we be on strike? Ultimately, it depends on a number of factors, including how members respond and how many join the picket line. The more members that cross the picket line, the weaker our position is when trying to bargain a better contract. It also depends on how well customers and the community honor our strike. Our members’ connection to the community and your customers is incredibly important, which is why it’s helpful for members to picket when they would normally work and see the regular customers.